Arsalan Naseer Bhatti
Man is an anthology of instincts and emotions. His instincts determine the physical operations of a man. Instincts are universal, and almost all human beings carry them as an integral part of human design. Then, emotions are sub-instincts or offshoots of instincts. The alignment of instincts, sub-instincts and emotions is crucial for physical and behavioral synchronization.
Then, self-respect is all in one, carrying the texture of instinct, sub-instinct and the most celebrated human emotion. Hence, self-respect is a sublime human value and a fundamental human right. Almost all individual and collective ways of life develop a consensus on the universality of protecting human self-respect.
Human dignity is the most fundamental of all ethical principles. We can sum it up with the famous formula of Enlightenment philosopher Emmanuel Kant: Every person exists as an end in itself and not simply as a means that one can control and use.
Human dignity involves reverence, respect and protection towards each person as a free being with a unique history.
The constitution of Pakistan protects the fundamental value of human dignity as a fundamental human right. The article reads as follows.
INVIOLABILITY OF DIGNITY OF MAN, ETC
Article 14
(1) The dignity of man and subject to law, the privacy of home, shall be inviolable.
(2) No person shall be subjected to torture for the purpose of extracting evidence”
This Article is new in the Constitution of 1973 and was not protected in the Constitutions of 1956 or 1962. The Article consists of two parts, and the first gives an unfettered right to human dignity, the privacy of home as an inviolable right but subject to particular limitation, and the second safeguards against tortures to extract evidence. It was held in the case of Asfandyer Wali vs The State that confession extorted under torture by pressurizing mentally or physically, keeping in cells of a fort, thickly dark and depicting ghostly pictures of a grave, an admission obtained in such the situation is not voluntary hence, violative of Article 14(2) of the Constitution. Similarly, solitary confinement is a severe deprivation of a human right. Likewise, keeping one in blindfolding confinement in a dark unhealthy underground cell, refusing to talk with anybody or allowing to see relatives is a heinous human rights violation. Furthermore, it amounts to mental torture, if not physical, unless inflicted by way of punishment in accordance with the law. Therefore, all inhuman and evil punishments are violative of man’s dignity, and all solitary confinements and similar other acts amount to torture, which violates the constitution and is strictly prohibited. Sometimes, an accused is not only pressured mentally and physically, but police also hypnotize the accused to subtract confession; it is a gross violation of the constitution. In these circumstances, none could maintain the balance of his mind; therefore, the confession obtained under such detention is also not voluntary.
The privacy of the home is attached to the dignity of man. Therefore, an order directing a girl to be produced before an investigation officer for recording her statement and verification of her age, if not backed by legal authority, is a violation of this Article. This right of privacy extends not only to paradah-observing ladies but also to most modern and fashionable ladies. Similarly, picturing, taping, and stealthily photographing something inside the house is also an invasion of privacy and, as such, is a violation of fundamental rights. In the case Mehram Ali vs Federation of Pakistan, it was held that provision to enter and search under section 10 of the Anti-Terrorism Act. 1997 in its present form, is in conflict with judicial killing or custodial deaths. Arrest and torture are acts violative of the constitution. So in the cases of police harassment, procuring the attendance of fugitive accused and searching houses of relatives without a warrant involving humiliating and insulting pardanashin ladies is a worse kind of invasion of human dignity and privacy of home. The superior courts hold that “nobody is responsible for the acts of his father or other relatives. This Article also guarantees social and economic Justice; therefore, paying a salary to a civil servant is a fundamental right, and non-payment shall amount to a violation. No attempt on the part of any person, whether individually or jointly, can be allowed to defame or disgrace another person, whatever the social and financial transactions are.
The dignity and privacy of man are inalienable human rights. However, despite the constitutional protections of fundamental rights in Pakistan, the execution and implementation are facing severe challenges. The criminal justice system is the primary process that must ensure the dignity of a human being. The policing in Pakistan is colonial, representing the coded law and the mindset of the colonial era barring the values of human rights protected in the constitution of 1973. Judicial remedies should be more proactive, and administrative structures must be transformed and reformed.
Lastly, human dignity is a social value. Therefore, society must hold the principles of dignity and privacy. The administrative and state apparatus shall not deliver unless the society prefers it over all other fundamental values. The state and society can not allow infringement in the implementation of human dignity and privacy. https://republicpolicy.com/article-13-of-the-constitution-provides-protection-against-double-punishment-self-incrimination/
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